An H1B classification applies to a nonimmigrant coming temporarily to the U.S. to perform services in a specialty occupation that meets the requirements of the Immigration and Nationality Act, and for whom the Secretary of Labor has determined and certified to the Attorney General that the prospective employer has filed a labor condition application.
The H1B classification is for temporary employment status only, and is employer specific. However, those coming to the U.S. on an H1B classification may have the dual intent of eventually becoming a permanent resident or naturalized citizen.
Qualifications:
In order to file and attain an approved H1B visa, the position and immigrant must qualify under certain terms. The checklist below will assist in determining eligibility:
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Job Qualification |
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Do the job duties require specialized knowledge, both in theory and in practical application? |
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Does the position require the supervision of other employees? |
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Does the position require previous experience? |
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Is the salary offered competitive for this position within the organization? |
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Is the salary offered competitive for this position in the surrounding geographic region? |
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Immigrant Qualification |
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Does the immigrant hold a bachelor’s degree or higher (or equivalent)? |
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Is the degree held in the specific specialty required by the job position description? |
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Does the immigrant have the credentials/experience necessary as described in the position? |
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*Has the immigrant held a previous status in the U.S. that would prevent him/her from obtaining H1B status? |
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Does the immigrant hold a valid passport? |